Legal Opinion
Allen v. Hubbard
Montana Supreme Court
Decided May 9, 2002No. 01-561PublishedCited by 1 opinion
1Opinion of the CourtJustice Regnier
¶1 Duncan Hubbard appeals from the Opinion and Order of the Fourth Judicial District Court, Missoula County, dismissing Hubbard’s appeal from small claims court as untimely. We affirm.
¶2 The following issue is dispositive of this appeal:
¶3 Did the District Court err by including weekends and holidays when it calculated the ten-day, statutory appeal time set forth in § 25-35-803, MCA?
BACKGROUND
¶4 The relevant facts in this case are few and undisputed. Stephen G. Allen and Cynthia A. Allen (collectively, the “Allens”) sued Hubbard to recover land survey costs. On December 12, 2000, Justice of…
2Cases cited5 opinions
- Babcock v. Farmers Insurance ExchangeMontana Supreme Court · 2000
- In Re the Adoption of S.E.Montana Supreme Court · 1988
- Detienne Associates Ltd. Partnership v. Montana Rail Link, Inc.Montana Supreme Court · 1993
- State Ex Rel. Department of Highways v. HelehanMontana Supreme Court · 1977
- State v. FauqueMontana Supreme Court · 2000
3Cited by1 opinion
- Allen v. HubbardMontana Supreme Court · 2002